David M. McMillan

Associate

New York
T 212.847.2838  |  F 212.589.4201

David McMillan's complex commercial litigation practice centers on high-profile securities industry financial fraud cases. Since 2010, David has worked extensively on the ongoing liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS) in connection with BakerHostetler’s role as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee, Irving H. Picard. Assisting the SIPA Trustee in his efforts to recover assets for BLMIS customers with allowed claims, David has played an active role in the analysis and deconstruction of the BLMIS books and records, he has drafted pleadings to initiate multimillion dollar lawsuits against both domestic and international defendants, and he has litigated a range of securities and bankruptcy-related issues in the ongoing liquidation proceeding, including those involving exotic financial products such as swaps and derivatives. In addition, David has also worked on a high-profile matter involving derivatives trading losses at a major international bank, giving him a solid understanding of the mechanics of securities trading and various legal issues affecting investment banks, hedge funds, and other industry participants. David is a strategy-driven, pragmatic, and focused litigator who aims to deliver cost-effective and committed representation in every case.

David is a contributor to BakerHostetler's IP Intelligence Report.

Select Experience

  • Currently involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel. Responsible for investigating and initiating complex multi-million dollar lawsuits against individuals and financial entities around the world, managing large-scale e-discovery projects, dealing with international issues including personal jurisdiction and international discovery, and for researching and drafting an array of substantive and procedural motions in the District and Bankruptcy Courts.
  • Currently representing former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
  • Currently representing of defendant in securities class action filed against major pharmaceutical corporation.
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Experience

  • Currently involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel. Responsible for investigating and initiating complex multi-million dollar lawsuits against individuals and financial entities around the world, managing large-scale e-discovery projects, dealing with international issues including personal jurisdiction and international discovery, and for researching and drafting an array of substantive and procedural motions in the District and Bankruptcy Courts.
  • Currently representing former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
  • Currently representing of defendant in securities class action filed against major pharmaceutical corporation.

Memberships

  • American Bar Association: Litigation Section
  • New York State Bar Association
  • Massachusetts Bar Association

Pro Bono

  • Represent indigent death-sentenced inmate in state and federal habeas corpus proceedings in Georgia.

Services

Prior Positions

  • New York City Teaching Fellows: Mathematics Teacher

Admissions

  • New York, 2010
  • Massachusetts, 2010

Education

  • J.D., Fordham University School of Law, 2009, cum laude
  • M.S., Pace University, 2006
  • B.A., Cornell University, 2004, with distinction

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
FTC Says That Sponsors of Pinterest Contests Should Require Users to Post Pins with Hashtags Warning When Pins are Posted for a Prize
April 7, 2014
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Authored by: Gerald Ferguson and Alan Pate In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use...
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IP Intelligence: Insight on Intellectual Property
Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous
January 21, 2014
In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely stated that Hadeed...
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IP Intelligence: Insight on Intellectual Property
A Guide to Native Advertising’s Legal Issues
December 5, 2013
Earlier this week, Fernando Bohorquez and Alan Pate authored an article in iMediaConnection.com, “A guide to native advertising’s legal issues.”  The article disentangles regulations applicable to native advertising and explains the...
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IP Intelligence: Insight on Intellectual Property
GoldieBlox and the Three Beastie Boys
December 2, 2013
It was the ad video gone viral of three young girls proudly showing off their elaborate Rube Goldberg machine made of repurposed pink toys.  They sang “it’s time to change, we deserve to see a range” and called for girls “to code the new...
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IP Intelligence: Insight on Intellectual Property
Google Prevails in the Latest Chapter of the Google Books Litigation
November 26, 2013
On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision  in the Google Books case, Authors Guild, Inc. v. Google Inc.  Google Books—the project through which Google provides access to over twenty...
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